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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 136

BAVA BASRA 136 (25 Av)- dedicated by Mrs. G. Kornfeld for the second Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.


(a) Rebbi Yehudah requires a Bari who is writing out his property to his sons, to write in the Sh'tar 'me'Hayom u'le'Achar Miysah'.
Why is that?

(b) Why would a person want to write out his property (without the Peiros) to his sons in his lifetime?

(c) What does Rebbi Yossi say?

(a) What does our Mishnah say, in a case where a father writes all his property to his son ...
  1. ... concerning the father selling the property, or the son selling it whilst his father is still alive?
  2. ... in the event that the father did sell it?
  3. ... in the event that the son sold it?
(b) Would it make any difference if the 'father' were to write the property not to his son, but to someone else?

(c) We are speaking about either the father or the son, selling the entire property.
Is there any possibility for the two of them to sell the entire property between them immediately?

(d) What would be the Din in the above case if, after the father sold the Peiros, first the son, and then the father, died? Who would receive the Guf and the subsequent Peiros of the father's property?

(a) What does the Mishnah in Gitin say about someone who gives his wife a Get 'me'Hayom u'le'Achar Miysah'?

(b) How do we reconcile this with our Mishnah, which validates 'me'Hayom u'le'Achar Miysah', as we just learned?

(a) What did Rav Nachman reply when Rav Huna asked him to ask Rabah bar Avuhah whether the Halachah was like Rebbi Yossi in our Mishnah or not? Why was he hesitant to comply with Rav Huna's request?

(b) What were they both doing by Rabah bar Avuhah?

(c) Rav Huna instructed him to ask anyway, promising that *he* would supply the reason.
What did Rabah bar Avuhah reply? Whom did he quote?

(d) What reason did Rav Huna subsequently give for Rebbi Yossi's ruling?

(a) How will we reconcile the above ruling of Rav with his ruling in Gitin, where he requires the insertion of the date like Rebbi Yehudah? How do we know that he did not simply retract there from his opinion here?

(b) What can we comment on the Ge'onim, who cite the Minhag in the Yeshivah like Rebbi Yehudah, even by Mamon?

(c) Rava asked Rav Nachman whether Rebbi Yehudah argues even in the case of a Sh'tar which contains a Kinyan.
What did Rav Nachman reply?

(d) This means that Rebbi Yehudah and Rebbi Yossi argue when there is no Kinyan.
How does one then acquire the property?

(a) Rav Papi disagrees with Rav Nachman however. He makes a distinction between 'Aknaya u'Kenina Mineih' and 'Kenina Mineih ve'Aknaya'.
Which of these two sets of terms appeared in a regular Sh'tar with a Kinyan?

(b) According to Rebbi Yehudah, why does ...

  1. ... 'Aknaya u'Kenina Mineih' not require 'me'ha'Yom u'le'Achar Miysah'?
  2. ... 'Kenina Mineih ve'Aknaya' nevertheless require 'me'ha'Yom u'le'Achar Miysah'?
(c) Rav Chanina mi'Sura claimed that most Chachamim had never heard of this distinction, and he was surprised that the Sofrim had.
What are the ramifications of his Kashya?

(d) What did the Sofrim of Abaye and of Rava reply when this was put to them?

(a) According to Rav Huna B'rei de'Rav Yehoshua however, there is no difference between 'Aknaya u'Kenina Mineih' and 'Kenina Mineih ve'Aknaya'. Whose opinion is he echoing?

(b) Rebbi Yehudah and Rebbi Yossi argue, he says, in a case of 'be'Duchran Pisgami de'Havi be'Anpana'.
What does he mean by that?

(c) When Rav Kahana cited this entire Sugya to Rav Z'vid, he replied that his version of Rava Amar Rav Nachman's statement concurred with Rav Huna B'rei de'Rav Yehoshua.
What was his version of Rava's original statement?

Answers to questions



(a) According to Rebbi Yochanan, if, after the son sold the property, he died, the purchaser will not receive it when the father dies.
Why not?

(b) Does this contradict this with what we explained in the Mishnah (that Rebbi Yochanan concedes that the son's heirs will inherit their grandfather's property, even if he died only after their father)?

(c) What can we infer from the Seifa of our Mishnah, 'Machar ha'Ben Ein le'Loke'ach ad she'Yamus ha'Av?

(d) How will we then reconcile this with Rebbi Yochanan's ruling?

(a) Resh Lakish disagrees with Rebbi Yochanan.
In what way does his interpretation of the Seifa of our Mishnah differ from that of Rebbi Yochanan?

(b) Why is that?

(c) In another Machlokes, Rebbi Yochanan and Resh Lakish argue over whether someone who purchases a field for the Peiros reads the Parshah when bringing Bikurim or not.
What does each one hold? What is the basis of their Machlokes?

(d) What do we learn from the Pasuk in Ki Savo "Asher Tavi me'Artz'cha"?

(a) Having taught us in the case of Bikurim that 'Kinyan Peiros ...
  1. ... ke'Kinyan ha'Guf Dami', why did Rebbi Yochanan find it necessary to repeat this ruling with regard to our case (of 'Machar ha'Ben')?
  2. ... La'av ke'Kinyan ha'Guf Dami', why did Resh Lakish find it necessary to repeat it with regard to our case?
(b) How else could we have explained the 'Tz'richusa' from the point of view of ...
  1. ... Rebbi Yochanan?
  2. ... Resh Lakish?
(a) In a case where Reuven gives property to Shimon (to acquire after his death), but stipulates 've'Acharecha li'Peloni, ve'Acharav Yirash P'loni', what does the Beraisa (which we already cited earlier) rule in the event that ...
  1. ... Shimon dies?
  2. ... the second one (Acharecha) dies?
  3. ... the second one dies in Shimon's lifetime? Why does the third one not inherit it?
(b) What Kashya does Rebbi Yochanan ask from there on Resh Lakish?

(c) Resh Lakish reminds Rebbi Yochanan however, that Rav Hoshaya (as well as Rav), have already answered the Kashya for him.
What did Rav Hoshaya mean when he said 'Acharecha Sha'ani'?

(a) What is then the problem with another Beraisa, which specifically states 'Yachzeru le'Yorshei Nosen'? On whom is the Kashya?

(b) How do we basically answer the Kashya?

(c) On what grounds do we refute the text which reads 'Ela Acharecha Nami Tana'i Hi'?

Answers to questions

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